Mcgill Legal Studies
Speaker: TBDLanguage of teaching: DeutschDescription: Social and cultural diversity poses significant challenges to law, legal theory and the language of legal claims. The relationship between individuals, their communities and the State is the subject of complex theoretical debates with important practical implications. Participants in this seminar will engage in an analysis and critique of different theoretical perspectives and will have the opportunity to examine concrete legal issues to which these perspectives can be applied. The focus is on how difference and identity are produced relationally, and on the question: What are the best legal and other practices to accommodate diversity and enable people to thrive? Possible topics are: racialization and sexualization, sensory otherness, economic inequality, extralegal living, Southern epistemologies, and alternative notions of justice. Restrictions/Prerequisites: NoneFormat: ReadingAssessment Method: Course Participation; Reflection piece on one of the assigned readings; Presentation in class on a topic chosen by the student within the general framework of this course; Homework on the theme of the classroom presentation. Meets the writing requirement: NoNote: Please note that you will not be able to take the course if you have already taken it as a specialized course. Speaker: Professor Robert LeckeyLanguage of instruction: French and EnglishDescription: The integration workshop allows students to practice and reflect on different approaches to legal research, analysis and writing. Through plenary lectures and breakout sessions, students will be introduced to different forms and styles of legal argumentation and writing across multiple legal traditions, disciplines, and perspectives. By practicing legal writing in a variety of contexts, students begin to develop their own analytical and writing styles as aspiring lawyers and understand how to consider legal traditions, context, audience, goals, strategy, storytelling, and problem solving. Restrictions/Prerequisites: None.Format: Seminar – A mix of plenary lectures and breakout sessions. Assessment method: passport/file. Students will complete three tasks in this course: a case description; A legal note and a fact.
Lecturer: Professor René ProvostLanguage of instruction: EnglishDescription: The study of law always raises questions about the nature of law and the objectives of legal education. The most important questions still don`t have clear answers, so the student (and lawyer) have avenues to explore rather than completely satisfactory explanations. Foundations of Law aims to emphasize the importance of going well beyond simply learning legal norms, which is only an intermediate step in the introduction to law, in order to grasp and master the nature and nuance of legal discourse. It is therefore necessary to go beyond codes, laws, judgments and other rules to understand the nature of law, why some areas of human action are regulated by law but others are not, the policy choices underlying the content and formulation of legal norms and institutions, how legal normativity influences behaviour and attitudes. to question. the extent to which certain normative frameworks belong to a particular legal tradition, the nature of the interaction between different legal traditions, etc. Foundations of Law aims to promote and multiply these issues and to provide the necessary elements that will feed into such investigations throughout your legal career, if not beyond. Restrictions/Prerequisites: NoneFormat: Conference. The course is based on a participatory model and not just lectures.
Assessment method: class attendance and contribution to class discussions; Current assignments; Class journal; Report of the seminar; Concluding essay. Lecturer: Professor Fabien Gélinas (autumn 2022)/Konstanze von Zchutz (winter semester 2023)Language of instruction: autumn 2022 bilingual; Winter 2023 EnglishDescription: The course covers the basic concepts, speeches and arguments of the law of contractual obligations in the common law and civil law tradition. Topics covered include definitions in the agreement; legally binding agreements; the content of the contractual obligations; the reasons why certain agreements are not being implemented; violation and remedies; and the rights of third parties. From a methodological point of view, the course develops a practical and critical approach alongside access to fundamental concepts. Practice: Various exercises are offered to learn how to manage legal discourse. Critical: The course provides a critical perspective to facilitate understanding of the contractual phenomenon in today`s world. Note: This course joins a French section and an English section and is taught bilingually. Restrictions/Prerequisites:Format: CourseAssessment method: Fall semester: Intermediate exam to take in December.
Winter semester: Final exam to be withdrawn in April. Speaker: Professor Joshua NicholsTeaching language: EnglishDescription: The objective of this course is to examine the relationship between the practices of legal reasoning and the problem of legal pathology. This requires a thorough review of the work of Professor David Dyzenhaus. We will read two books by Dyzenhaus and a selection of articles. The books will be Judging Judges, Judging Ourselves: Truth, Reconciliation and the Apartheid Legal Order and his most recent work, The Long Arc of Legality. We will also read a number of landmark decisions in Canadian Aboriginal law and U.S. federal Indian law. These decisions will provide us with examples of situations where the practices of legal reasoning and the limits of constitutional legality come into tension. In other words, we will apply Dyzenhaus` work on legal pathology and the rule of law to the problem of constitutional reconciliation with indigenous peoples. This will allow us to rethink the development of current jurisprudence from the internal point of view of the judiciary, helping the courts by showing them both where legal pathology persists in their legal reasoning and how to restore the legitimacy of its constitutional order.
Restrictions/Prerequisites: NoneFormat: SeminarEvaluation Method: Paper Proposal; Thesis. Meets the writing requirement: YesAlternative assessment method: Yes Speaker: Professor Alicia HinarejosLanguage of instruction: EnglishDescription: This is a course on the European Union, a unique constitutional order and an ever-evolving experience in regional integration. The European Union is capable of creating law in both legislative and jurisprudential form. EU law is examined not only because these rules have direct and indirect effects on the lives of individuals and businesses in the Member States and beyond, but also because they raise interesting constitutional questions about the formation of a new and dynamic legal order. Restrictions/requirements: None (international law recommended). Evaluation method: participation; Half-time trial; Concluding essay. Met the writing requirement: No law school at McGill University created the Law-Education-Connection Outreach Program, also known as the L.E.X. Outreach Program, in 2006. [106] As part of the program, volunteer law students give presentations at local schools and answer students` questions. The program targets youth from traditionally under-represented communities in the legal field and from schools with high dropout rates, with the goal of generating interest in post-secondary education and legal studies.
[107] In 2009, the program was expanded following a donation from the Canadian Beaverbrook Foundation. [108] The Yellow Library houses the Wainwright collection, created in 1958 with the acquisition of several hundred volumes on the history of French law. [42] The collection consists mainly of jurists of general French civil law prior to the codification of 1804 and was the personal library of the French legal historian François Olivier-Martin. [43] Over the years, the Wainwright Fund has enabled the library to expand the collection beyond the classical view of civil law, which focuses on France, to reflect the global influence of civil law across languages and continents. Today, the collection consists of 800 works with 1200 volumes and is kept under controlled atmospheric conditions in the Peter M. Laing Room on the second floor of the Yellow Law Library. [44] Comparative Law: Regulation of Routine Communications and Mass Media in Canada, Including Legal Developments Initiated by Competition in Foreign Markets and the Regulatory Authority of the C.R.T.C. Speaker: Professor WeinstockLanguage: EnglishDescription: This course introduces students to some of the key ethical issues facing the practice of law.We will focus on two main issues. First, what difference does it make to the ethical responsibility of lawyers who practice them in an adversarial system? Second, given that access to legal services is essential for citizens in modern societies, how should the practice be practiced when the law is shaped by the principles of distributive justice? We will examine whether the Code of Professional Conduct to which Quebec lawyers are subject reflects an adequate understanding of the issues arising from these two issues. Restrictions/Prerequisites: N/AFormat:Assessment method: participation, intermediate examination, final examination. a Diploma of Collegial Studies (DEC) from a general and vocational college (CEGEP) in Quebec. Students holding a French Bachelor`s degree from Quebec (Collège international Marie de France or Collège Stanislas) may also apply. Public Law 2: The administrative process and the legal structure of administrative authorities. Law interpretation, delegated legislation, policy rules, administrative discretion, administrative procedures and problems of institutional design are examined in the context of some contemporary administrative authorities.